568.050. Endangering the welfare of a child in the second degree, penalties. — 1. A person commits the offense of endangering the welfare of a child in the second degree if he or she:
(1) With criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen years of age; or
(2) Knowingly encourages, aids or causes a child less than seventeen years of age to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031; or
(3) Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen years of age, recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him or her from coming within the provisions of paragraph (c) of subdivision (1) of subsection 1 or paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031; or
(4) Knowingly encourages, aids or causes a child less than seventeen years of age to enter into any room, building or other structure which is a public nuisance as defined in section 579.105.
2. Nothing in this section shall be construed to mean the welfare of a child is endangered for the sole reason that he or she is being provided nonmedical remedial treatment recognized and permitted under the laws of this state.
3. The offense of endangering the welfare of a child in the second degree is a class A misdemeanor unless the offense is committed as part of an act or series of acts performed by two or more persons as part of an established or prescribed pattern of activity, in which case the offense is a class E felony.
Notes of Decisions
Cited in
51
cases (
3 in the last 5 years), 1980–2023 · leading case:
State v. Harding, 528 S.W.3d 362 (Mo. Ct. App. 2017).
State v. Harding, 528 S.W.3d 362 (Mo. Ct. App. 2017).
· cites it 4× “port Four Counts of Endangering the Welfare of a Child in the Second Degree In his third point on appeal, Defendant contends the trial court erred in overruling his motion for judgment of acquittal at the close of all evidence, and in'entering judgment and sentence for the four…”
State v. Dravenstott, 138 S.W.3d 186 (Mo. Ct. App. 2004).
· cites it 8× “050, RSMo 2000, 1 and second-degree endangering the welfare of a child, section 568.050, required inconsistent findings of fact and, therefore, violated the Double Jeopardy Clause.”
State v. Madison, 997 S.W.2d 16 (Mo. 1999).
· cites it 5× “2 The information charged that Madison acted with “criminal negligence,” the mental state required by section 568.050, RSMo, 3 for child endan *19 germent in the second degree, a class A misdemeanor.”
State v. Henderson, 750 S.W.2d 507 (Mo. Ct. App. 1988).
· cites it 7× “120, RSMo 1986 1 ; and for endangering the welfare of a child, in violation of § 568.050, RSMo 1986. The judgments are affirmed.”
State v. Brock, 113 S.W.3d 227 (Mo. Ct. App. 2003).
· cites it 3× “074 RSMo (2000) (Count IV), and the class A misdemeanor of endangering the welfare of a child, in violation of Section 568.050 RSMo (2000) (Count V). The court found defendant to be a prior offender and sentenced him to fifteen years’ imprisonment on the kidnapping count and…”
State v. Smith, 134 S.W.3d 35 (Mo. Ct. App. 2004).
· cites it 3× “010 RSMo (2000), the Class A misdemeanor of endangering the welfare of a child in the second degree, in violation of Section 568.050 RSMo (2000), and the infraction fading to secure a child in a safety belt, in violation of Section 307.”
State v. Nations, 676 S.W.2d 282 (Mo. Ct. App. 1984).
· cites it 5× “Consequently, defendant was charged with endangering the welfare of a child “less than seventeen years old,” § 568.050 RSMo 1978. 1 Defendant was convicted and fined $1,000.”
State v. Mahurin, 799 S.W.2d 840 (Mo. 1990).
· cites it 2× “Under section 568.050, one is guilty of child endangerment if he or she “knowingly acts in a manner that creates a substantial risk to the life, body or health of a child.”
State v. Cole, 384 S.W.3d 318 (Mo. Ct. App. 2012).
· cites it 2× “2008); see also section 568.050. (All statutory references are to RSMo 2000).”
State v. Anderson, 108 S.W.3d 680 (Mo. Ct. App. 2002).
· cites it 4× “Bethanie Anderson appeals from her conviction in a court-tried case of one count of child endangerment in the second degree, § 568.050. 1 The Associate Division of the Circuit Court of Randolph County sentenced Anderson to 120 days in the county jail but suspended the execution…”
State v. Mullins, 140 S.W.3d 64 (Mo. Ct. App. 2004).
· cites it 2× “2d 62 (1991) (construing § 568.050, RSMo). The first degree and second degree statutes differ only in the mental states required.”
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